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Despite what many may be assuming about Lindsay Lohan's state of mind when was arrested on assault charges early this morning at a New York City lounge, her lawyer insists she wasn't under the influence.

"I can tell you when I was with her this morning; she was in great condition," attorney Mark Heller tells E! News. "She was certainly not intoxicated, certainly not under the influence of drugs. She was clear [and] lucid, her eyes were clear. No alcohol involvement whatsoever on this occasion."

However, Heller said he didn't ask LiLo if she had been drinking or doing drugs at any point during the evening. "It wasn't even brought up," he said, adding, "She was perfectly appropriate. And the police made note of that."

Lohan is set to face formal charges at a Jan. 7 arraignment, but Heller believes he'll prove her innocence before then.

"We are going to be working very earnestly to establish that no charges should even be lodged," he said. "[The police] have already made arrangements to get the video from the…club, which hopefully will reveal some exonerating information. After that, they could just walk away from the case and decline to even prosecute."

Asked how the Liz & Dick star is doing right now, Heller said, "She's sleeping. She was up all night long and went through a very rough ordeal."

oh wow I wish I could hear more of this conversation. it's something like Lilo getting in the car and going "UGH...hmm hmm hmmm and then you tweeted Sam....just get out of the car Gavin!" Hot mess haha